PC - 2019-10 - Approving Minor Exception 19-09 at 7428 Emerson Place PC RESOLUTION 19-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING MINOR EXCEPTION 19-09, PERMITTING A NEW 1,367
SQUARE-FOOT SINGLE-FAMILY DWELLING WITH AN ATTACHED
TWO-CAR GARAGE ("UNIT#3")AND A 372 SQUARE-FOOT ADDITION
TO A SINGLE-FAMILY DWELLING WITH AN ATTACHED TWO-CAR
GARAGE ("UNIT #1"), ON A LOT WHERE TWO LEGAL
NONCONFORMING STRUCTURES EXIST, LOCATED AT 7428
EMERSON PLACE (APN: 5286-016-008), IN A LIGHT MULTIPLE
RESIDENTIAL (R-2) ZONE
WHEREAS, on May 13, 2019, Danny and Marilynn Hu submitted a Minor
Exception application, requesting approval to construct a new 1,367 square-foot single-
family dwelling with an attached two-car garage ("Unit #3"), and a 372 square-foot
addition to a single-family dwelling with an attached garage two-car garage ("Unit #1"),
on a lot where two nonconforming structures exist, located at 7428 Emerson Place;
WHEREAS, 7428 Emerson Place is located in a Light Multiple Residential (R-2)
zone;
WHEREAS, Section 17.142.020(B)(2) of the Rosemead Municipal Code provides
the criteria for a Minor Exception;
WHEREAS, Sections 65800 & 65900 of the California Government Code and
Section 17.142.020(B)(2) of the Rosemead Municipal Code authorize the Planning
Commission to approve, conditionally approve, or deny Minor Exception applications;
WHEREAS, on September 5, 2019, sixty-one (61) notices were sent to property
owners within a 300-foot radius from the subject property, the notice was published in the
Rosemead Reader, and notices were posted in six (6) public locations and on site,
specifying the availability of the application, and the date, time, and location of the public
hearing for Minor Exception 19-09; and
WHEREAS, on September 16, 2019, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to Minor
Exception 19-09; and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Rosemead as follows:
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SECTION 1. The Planning Commission HEREBY DETERMINES that Minor
Exception 19-09 is classified as a Class 3 Categorical Exemption, pursuant to Section
15303 of California Environmental Quality Act guidelines. Section 15303 of the California
Environmental Quality Act guidelines exempts projects consisting of construction and
location of limited numbers of new, small facilities or structures; installation of small new
equipment and facilities in small structures; and the conversion of existing small
structures from one use to another where only minor modifications are made in the
exterior of the structure.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Minor Exception 19-09, in accordance with Section
17.142.020(B)(2) of the Rosemead Municipal Code as follows:
A. The proposal includes all necessary work to eliminate any hazard or safety
problem on an existing structure, as required by the Building Official or by an officer of
the City charged with protecting the public safety, in order to correct an unsafe condition;
FINDING: The proposal has been included to eliminate any hazards on the
property. A condition of approval has been included to ensure that all requirements of the
Building and Safety Division, Planning Division, and Engineering Division shall be met
prior to final approval of the proposed construction.
B. The proposal includes the necessary work to maintain or improve the aesthetic
appearance or architectural viability of the existing nonconforming structures onsite;
FINDING: A condition has been added that the existing nonconforming single-
family dwellings will be improved to match the proposed single-family dwelling and
addition.
C. The legal nonconforming residential unit(s) that exist onsite are solely
nonconforming due to minimum residential unit floor area, setbacks, building separation,
building height, entry treatment height, and second story architectural standards;
FINDING: Staff has confirmed that the existing nonconforming dwellings contain
substandard side yard setbacks. In addition, Unit #1 has a substandard building
separation from the existing garage. There are no other nonconforming development
standards on the property.
D. The legal nonconforming residential accessory structure(s) proposed to remain
onsite are solely nonconforming due to driveway width, turning radius, minimum stall size,
setbacks, or landscaping;
FINDING: Unit#2's existing detached two-car garage is nonconforming due to the
substandard building separation from Unit #1. In addition, Unit #2's attached patio
contains a substandard side yard setback.
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SECTION 3. The Planning Commission HEREBY APPROVES Minor Exception
19-09 for a new 1,367 square-foot single-family dwelling with an attached two-car garage,
and a 372 square-foot addition to a single-family dwelling with an attached two-car
garage, on a lot where two legal nonconforming structures exist, located at 7428 Emerson
Place, and subject to the conditions listed in Attachment "A" attached hereto and
incorporated herein by reference.
SECTION 4. This action shall become final and effective ten (10) days after this
decision by the Planning Commission, unless within such time a written appeal is filed
with the City Clerk for consideration by the Rosemead City Council as provided in
Rosemead Municipal Code Section 17.160.040 —Appeals of Decisions.
SECTION 5. This resolution is the result of an action taken by the Planning
Commission on September 16, 2019, by the following vote:
AYES: BERRY, ENG, LOPEZ, TANG, AND VUONG
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
SECTION 6. The Secretary shall certify to the adoption of this resolution and shall
transmit copies of same to the applicants and the Rosemead City Clerk.
PASSED, APPROVED, and ADOPTED this 16th day of September, 2019.
Nancy g, Chair
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CERTIFICATION
I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning
Commission of the City of Rosemead at its regular meeting, held on the 16th day of
September, 2019, by the following vote:
AYES: BERRY, ENG, LOPEZ, TANG, AND VUONG
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
, Secretary
APPROVED T• : _ :
K=ne Thuyen, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
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ATTACHMENT "A"
(PC RESOLUTION 19-10)
MINOR EXCEPTION 19-09
7428 EMERSON PLACE
(APN: 5286-016-008)
CONDITIONS OF APPROVAL
SEPTEMBER 16, 2019
Standard Conditions of Approvals
1. Minor Exception 19-09 ("Project") is approved for a new 1,367 square feet single-
family dwelling and attached two-car garage ("Unit #3") and a 372 square-foot
addition to an existing single-family dwelling with an attached two-car garage("Unit
#1"), on a lot where two legal nonconforming structure exists, in accordance with
the plans marked Exhibit "B", dated September 4, 2019. Any revisions to the
approved plans must be resubmitted for Planning Division review and, if
satisfactory, approval.
2. The following conditions must be complied to the satisfaction of the Planning
Division prior to final approval of the associated plans, building permits, occupancy
permits, or any other appropriate request.
3. The conditions listed on this exhibit shall be copied directly onto any development
plans subsequently submitted to the Planning and Building Divisions.
4. Approval of Project shall not take effect for any purpose until the applicant(s) have
filed with the City of Rosemead ("City") a notarized affidavit stating that he/she is
aware of and accepts all of the conditions of approval as set forth in the letter of
approval and this list of conditions within ten (10) days from the Planning
Commission approval date.
5. The on-site public hearing notice posting shall be removed by the end of the 10-
day appeal period of Project.
6. Project is approved for a period of one (1) year. The applicant(s) shall commence
the approved project or request an extension within 30 calendar days prior to
expiration. The one (1) year initial approval period shall be effective from the
Planning Commission approval date. For the purpose of this petition, project
commencement shall be defined as beginning the permitting process with the
Planning and Building Divisions, so long as the project is not abandoned. If Project
has been unused, abandoned, or discontinued for a period of one (1) year, it shall
become null and void.
7. The Planning Commission hereby authorizes the Planning Division to make and/or
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approve minor modifications to the project and to these conditions of approval.
8. Project is granted or approved with the City and its Planning Commission and City
Council retaining and reserving the right and jurisdiction to review and to modify
the permit, including the conditions of approval based on changed circumstances.
Changed circumstances include, but are not limited to, the modification of the use,
a change in scope, emphasis, size, or nature of the use, or the expansion,
alteration, reconfiguration, or change of use. This reservation of right to review is
in addition to, and not in lieu of, the right of the City, its Planning Commission, and
City Council to review and revoke or modify any permit granted or approved under
the Rosemead Municipal Code for any violations of the conditions imposed on
Project.
9. The applicant(s) shall defend, indemnify, and hold harmless the City of Rosemead
or its agents, officers, and employees from any claim, action, or proceeding against
the City of Rosemead or its agents, officers, or employees to attack, set side, void,
or annul, an approval of the Planning Commission and/or City Council concerning
the project, which action is brought within the time period provided by law.
10. The applicant(s) shall comply with all Federal, State, and local laws relative to the
approved use, including the requirements of the Planning, Building, Fire, Sheriff,
and Health Departments.
11. Building permits will not be issued in connection with any project until such time as
all plan check fees and all other applicable fees are paid in full. Prior to issuance
of building permits, any required school fees shall be paid. The applicant shall
provide the City with written verification of compliance from the applicable school
districts.
12. The numbers of the address signs shall be at least six (6) inches tall with a
minimum character width of 3/4 inch, contrasting in color and easily visible at
driver's level from the street. Materials, colors, location, and size of such address
numbers shall be approved by the Community Development Director, or his/her
designee, prior to installation.
13. The hours of construction shall be limited from 7:00 a.m. to 8:00 p.m., Monday
through Saturday. No construction shall take place on Sundays or on any federal
holiday, without prior approval by the City. The applicant shall abide by the noise
control sections of the Rosemead Municipal Code.
14. The Building and Safety Division, Planning Division, and Engineering Division shall
have access to the project site at any time during construction to monitor progress.
15. All requirements of the Building and Safety Division, Planning Division, and
Engineering Division shall be complied with prior to the final approval of the
proposed construction.
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16. Outdoor appliances shall be weather-rated or protected from outdoor exposure to
the satisfaction of the Building Official.
17. All ground level mechanical/utility equipment (including meters, back flow
prevention devices, fire valves, A/C condensers, furnaces, and other equipment)
shall be located away from public view or adequately screened by landscaping or
screening walls so as not to be seen from the public right-of-way.
18. The project site shall be graded to drain to the street, but in no case shall such
drainage be allowed to sheet flow across public sidewalk. A grading and/or
drainage plan shall be prepared, submitted to, and approved by the Building
Official, and such grading and/or drainage shall take place in accordance with such
approved plan.
19. Violations of the conditions of approval may result in citation and/or initiation of
revocation proceedings.
Project Specific Conditions of Approval
20. All property that is vacant, under construction, or being demolished shall be totally
enclosed around the perimeter by a fence that is a minimum of six(6)feet in height
as measured from adjacent property, subject to the approval of the Community
Development Director or other designated officials. The following requirements
shall be satisfied:
a. The required fence shall be adequately constructed from chain-link, lumber,
masonry or other approved materials. The fence shall be entirely self-
supporting and shall not encroach or utilize structures or fencing on any
adjacent property without prior written approval of the adjacent property
owner.
b. The fence shall be installed prior to the initiation of any construction or
demolition and shall be continuously maintained in good condition.
c. Signs stating "PRIVATE PROPERTY, NO TRESPASSING" shall be posted
on the fence.
21. An inspection of all existing structures on the project site by the Building Official
and an officer of the City charged with protecting the public safety shall be required
to verify if any work is necessary to eliminate any hazard or safety problem on the
existing structures. If such inspection reveals that work is necessary to eliminate
any hazard or safety problem on the existing structures, such work shall be
completed to the satisfaction of the City prior to issuance of any building permits
associated with Project.
22. In order to match the proposed single-family dwelling, the following improvements
shall be completed to the existing nonconforming single-family dwellings (Units#1
and #2):
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• Re-roof the existing single-family dwellings and utilize a brown-shingled roof
(Sand Finish, Certainteed Corporation).
• Utilize beige exterior walls (Sand Finish, La Habra Stucco).
• Remove the existing brick planter in front of Unit#2.
23. All gutters, downspouts, mechanical elements, and/or architectural features shall
be painted to match the new single-family dwelling.
24. All onsite conditions, such as landscaping and fencing, shall be improved to the
satisfaction of the Planning Division.
25. If applicable, the applicant(s) shall submit a final landscape and irrigation plan to
the Planning Division prior to the issuance of building permits. The landscape and
irrigation plan shall comply with the City's Water Efficient Landscape Ordinance
and with the Guidelines for Implementation of the Water Efficient Landscape
Ordinance and include a sprinkler system with automatic timers and moisture
sensors. All landscaping and irrigation shall be installed and completed prior to
final Planning Division approval.
Public Works Conditions of Approval
26. Install driveway approach in accordance with SPPWC Standard Plan 110-2, and
as directed by the City Engineer or his/her designee. No portion of the driveway
and/or parkway shall encroach to the frontage of the adjacent property.
27. Install new concrete sidewalk to extend full width from curb to right-of-way line,
remove landscape to widen the sidewalk and provide ADA access across the new
driveway.
28. Install new curb and gutter along the length of the property frontage in accordance
with SPPWC Standard Plan 120-2, and as directed by the City Engineer or his/her
designee.
29. The approved building address(es) shall be painted on the curb to the City's
standard as required by the Public Works Inspector prior to final inspection.
30. Rehabilitate existing AC street pavement along the property frontage to the
centerline of the street as indicated below, and as directed by the City Engineer or
his/her designee, or:
31. Pay in-lieu fee for the required rehab to the City. City will use the in-lieu fees in the
future for street rehabilitations as necessary.
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